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320 CONG.....30 Sess.

Special Session-Debates in the Senate.

SENATE.

Mr. BRODHEAD. I would be quite willing The PRESIDENT. It is the last Congress. in the Intelligencer for which it shall get so much to pay the Intelligencer for the matter which has Mr. BORLAND. Now I should like to know per column. It is to publish them just as they been published, and I think the resolution should if there would be enough of public interest in the were reported in those papers; and it is to be paid be so modified. It had, therefore, perhaps better | proceedings of the last Congress to lead the people for what it had reported; that is a succinct account go over until to-morrow morning.

io go back and read them all over again, if the of the proceedings of the Senate, in which, it seems Mr. BORLAND. I would suggest to my friend newspapers should publish them subsequent to to me, there was no reference to the political disfrom Pennsylvania, that the resolution had better this time? It is a good policy on the part of the || cussion further than was necessary in the publibe disposed of now. I have a very few remarks National Intelligencer.' It ihrew out all these cation of the debates that occurred in the Senate. to make upon it; and I think I can satisfy him things when it wanted to occupy its columns with Mr. BRODHEAD. Some valuable speeches and the Senate that we ought not to pay for what | party matter for the purpose of affecting the pres were published in the Intelligencer during the last has been published. There is good reason for it. idential election. It was a very good party move; session, and published too without reference to There is no reason why we should pay for pub- || and now, when the excitement has passed away, party character. I think all the leading speeches lishing hereafter in that paper what has taken and persons care very little about the political on the important questions at the last session which place which has not yet been published. If the character and aspect of the paper, the Intelligen were delivered on both sides of the Chamber apresolution goes over at all, I should like it to go cer, which, during the excitement that attended | peared in the Intelligencer. Such is my recollecover until the next session; but if it is disposed the presidential election, did not publish full de- tion. Now, sir, in my opinion, its editors abanof at this session, it had better be done now. I bates, wants to publish now what nobody will doned the contract, which was similar to the one hope the resolution will not be taken up, but if it read and the public do not want. Appeals have under which the Union has been reporting our is under consideration, I will say in a few words been made to me by gentlemen outside of the proceedings, because it did not pay. They had a what I have to say upon the subject. I shall Chamber that the National Intelligencer cannot right to do that; but in view of the fact that the make no speech.

get along without some patronage. Very well. I succinct publication of the proceedings of the Sen. Mr. GWIN. I hope the resolution will not be like the National Intelligencer as a Whig paper; ate has been useful, I am willing to pay them for taken up. I move that the Senate proceed to the but if it cannot get along without such patronage, it. I am unwilling to go back and publish all the consideration of Executive business.

I am unwilling, as a Democratic Senator, to be speeches which have been made during the last The PRESIDENT. Does the Senator from stow it. I do not think we have any right to do session. I do not think that it was with a view Arkansas withdraw his motion to lay the resolu- || it; and if we had the power, I do not think this to benefit the Whig party that the Intelligencer tion upon the table?

would be the proper purpose for which, or the abandoned the contract which it had with the Sen. Mr. GWIN. Is the resolution before the Sen

proper occasion upon which, to exercise it. This ate for the publication of the debates at large. I ate?

is my understanding of the proposition now be differ from my friend from Arkansas on that point. The PRESIDENT. It is.

fore us; and for these reasons I shall vote against | The editors distinctly stated in their communicaMr. BORLAND. Then I will say what I have the resolution. Unless some one wishes to offer tion to the Senate that they asked to be released to say in a very few words. This is a proposition views on the other side, I move that it lie upon from their contract because it did not compensate to pay the National Intelligencer for what it has the table. If any gentleman wishes to say any them. I am therefore quite willing to pay them published, during the last Congress, of the pro- | thing, I will withdraw it.

for what work they have done, but I am unwillceedings and debates of this body; and to pay also Mr. HAMLIN. I submitted the original reso. ing to go back and pay them for the publication for publishing after this time that which it omitted lution to increase the subscription for the number now of all the speeches that were delivered during to publish during the last Congress. I am op of the Congressional Globe and Appendix with the last Congress. posed to both propositions, and for this reason: which Senators are now furnished, upon the ground Mr. MASON. The resolution in regard to an The National Intelligencer had a contract on the that while we expended so much money for the increase of the subscription for the Congressional same terms as the Union, to publish the proceed- preparation of the debates in that form, I thought Globe and Appendix, has been postponed until ings and debates of the Senate. Its editors came it advisable that Senators should have as many the next session. This, as I understand, is a forward and relinquished that contract. I thought copies for distribution, or a greater number than proposition to publish the debates in the National it was generally understood why that was done; is furnished to members of the House.

Intelligencer. I recollect very distinctly that when and that which followed confirmed me in what I Mr. BORLAND. Will the Senator permit me our present system of publishing the debates as supposed was the general understanding. It was to say that I concur with him fully? My remarks the expenses of the Senate originated, great doubts considered that it made the Intelligencer a neutral had no reference to his proposition.

were generally expressed as to the propriety of paper in politics to publish the debates of the Mr. HAMLIN. I understand. I was saying such a system. There was then a contract made Senate, because it had to publish Democratic as that there were the reasons which operated with with the leading paper of each great political party well as Whig speeches, which left but little room me in offering the original resolution. The amend at the seat of Government the Union and the In. for editorials; and inasmuch as the Democrats ment offered by the Senator from California, I am telligencer-to publish at a stated price per column, were in a majority in the Senate, and perhaps aware, embraces other propositions than that con the entire debates of the Senate as fast as they more speeches were made on the Democratic than tained in the resolution which I offered.

were delivered. According to my impression, the on the other side, it gave the paper rather a Dem Mr. BORLAND. The resolution offered by contracts were complied with by both papers. ocratic tendency by throwing Democratic doctrines the Senator in relation to the Congressional Globe They kept up the publication of the curreni debefore the country. The presidential election and Appendix is not up for consideration.

bates, and did lay them before their readers gen-. was coming on, and it was deemed important that Mr. HAMLIN. What is up? Let the reso erally the next day after they occurred--seldom the Intelligencer should be a thoroughly Whig lution be read.

later than the day after. At the close of the short paper. To make it so, and to avoid the publica Mr. GWIN. I will state to the Senator that session two years ago, the editors of the National tion of Democratic speeches in the debates of the his resolution was postponed until the next ses Intelligencer'informed the Senate that it was too Senate, it relinquished its contract; and we found sion.

onerous for that paper to continue the contract; that it afterwards confined itself almost exclusively Mr. HAMLIN. Then I was nanging a speech that it did not compensate them. They thereto the publication of Whig speeches delivered here, in the wrong place and on the wrong subject, fore relinquished it, and voluntarily disconnected which might be useful in the political canvass. though I do not know but that it would apply just themselves from the Senate as one of our official Of course I had no objection to that. It was as well. (Laughter.] I will therefore say nothing reporters. Now the proposition as I understand within the option of the editors to publish what further.

it, is to authorize them again to publish the dethey pleased for political purposes. But the prop Mr. GWIN. I have a few words to say in re bates on the same terms, and pay them for what osition involved here is that we shall pay the gard to the remarks of the Senator from Arkansas. they have already published. I'would have no editors of that paper seven dollars and fifty cents I think he is mistaken in regard to the object of objection, if gentlemen desire it, to continue the a column for doing that when they published at the resolution. I think that the portion of the publication of the current debates in the Intellitheir own option a party paper, and relinquished | debates which is proposed to be paid for, which gencer, but I think there is no reason in the world the contract which required them to publish the were published during the last session, are the run either for ordering the publication of what has speeches on both sides of the Chamber. I am dis- ning current debates which were published daily. || passed, or for paying them for what they have posed to be as liberal in party matters as most That portion of the debates which went exten voluntarily published. That paper is one of the oldmen; but it is really asking me, as a Democrat, to sively into the questions before the Senate, is not est papers at the seat of Government, and I have go further than propriety requires me to go, to embraced in the resolution, if I understand it. The every reason to believe that it enjoys a most extencomply with this proposition. I would have no National Intelligencer published a very accurate sive general circulation not in this country only, but objection to pay for the publication of Whig daily report of the proceedings of the Senate; and abroad. It is a paper conducted with great ability speeches, provided the Democratic speeches went I acknowledge that it is important to the country and it has remained for many years in very able along with them; but I am unwilling to give a that such a report should be published in that hands. It is, as all papers in this country must party paper the privilege of selecting what speeches paper. It is concise, leaving out a great deal of be, a party paper, although it is conducted, I am it chooses to publish for political effect, and rec immaterial matter which passes here; but still I free to say, with great decorum and courtesy to ognize that as the regular proceedings and debates thought it useful. It is for that portion, which the the opposing party. At the same time it is conof this body, and pay for it at the public expense. resolution proposes to pay the editors. What ducted with an exclusive eye to the interests of I cannot do that.

follows is the official report as made out by the its party. I feel no party'hostility towards it The next proposition is—what? To pay the Globe and Union. That is to be published here whatever. I believe that our country will not paper for going back and publishing now what after. The remarks made by the Senator to the continue to be a republic, certainly not a republic we did during the last Congress.

effect that in the debates published by the Intelli in a sound and healthy condition, unless there are Mr. SEWARD. The last Congress or the gencer during the last session, there were more two parties-parties not having a tendency to delast session ?

Whig speeches than Democratic, are entirely out generate into the party in power, and the party Mr. BORLAND. The last Congress as I un side of the proposition. It is now proposed that in opposition, but two parties such as constituted derstand, or if it is the last session, it is the same the debates which have heretofore been published the dividing parties in this country half a century thing in principle.

in the Union and the Globe, shall be republished ago or less-parties opposed to each other upon

32D CONG.....30 SESS.

Special Session-Debates in the Senate.

SENATE.

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the principles of the Government and the mode of reporting is wrong in itself. It might be greatly | of a contract such as we have with the Union. It administering it. There must be parties. No improved. In my opinion, we ought to have one proposes no contract with the publishers of the salutary influence can be exerted on the Govern- official reporter whom we ought to pay more than Intelligencer; but it directs our Secretary to have ment, unless there are parties and party organs. we now pay, to enable him to organize and keep certain debates printed in that paper. Where are But I see no reason in the world for paying the up one efficient corps of reporters; and then if we they to come from? Why, sir, they are to be National Intelligencer for what it has voluntarily desired to have the reports published in other pa- collated from the Globe or the Union, and to be published. It published it for its own purpose, pers, we could pay those papers for their republi- republished in the Intelligencer. Now, I ask if it It was what its readers had a right to expect, and cation from the official paper. We have now going would not be treating unfairly, both the Globe and it was necessary to sustain its own character. I out to the public two sets of reports of our pro the Union, to take the reports which they have would have no objection to so much of the reso ceedings as official reports, which very often differ made up and published, and transfer them to lution as proposes to continue the publication of from each other. I want the thing uniform. I another paper, and pay that paper precisely the - the debates in that paper. What is the object of think we can have it better done by paying one same for publishing, as we have paid the other the publication? To give an opportunity to its official reporter, and having one uniform report to two papers for reporting and publishing them. Sir, readers throughout the country to see what is done go out as the official record, and then we can, by I am willing to transfer these debates to the Intelliin the Senate. We all know that the interest in | paying a smaller compensation to other papers, gencer for the purpose of disseminating them among the debates is lost when we go back and publish have it distributed over the country as we think the public, and placing them before the partisans them after they have become stale. I have been proper. I think that would be the better plan to of that paper, but I am unwilling to pay precisely a reader of the Intelligencer, I think, some thirty | pursue.

the same sum which we pay to those who have years, and, as I said, it has had a sedulous and Mr. SEWARD. I perceive that this resolution done the reporting at length. It would be unjust exclusive eye to the interests of the party of which is misapprehended in its effect and scope. It does to them. If we should pay the Intelligencer seven it is one of the organs. I cannot, however, agree not propose that the National Intelligencer shall dollars and fifty cents a column for republishing with the suggestion of my friend from Arkansas, go back and publish the proceedings of the last the debates thai have been written out by others, that it has been unfair or partial, at least while it Congress, and receive compensation for it. What we should increase very much the compensation was publishing the debates of the Senate for the it does precisely propose is this: The National In- which we have paid to our other publishers. That Senate. It then published the whole of the pro telligencer during the last Congress, reported what is my view of the matter. ceedings. If it has done otherwise since, it has had may be called eclectic debates on its own account. Then, in relation to the payment of what has a perfect right to publish what it pleased; but It is now proposed to pay its editors for those already been published—a mere synopsis of the while it was publishing officially for the Senate, eclectic debates, and no more; and in regard to proceedings of the Senate-I am not willing to say it contained speeches in extenso on both sides of the last session to pay them for what they have that I would not pay something for them. I inthe Chamber on every important topic of discus- already published, and to authorize them to pub- cline somewhat to the opinion that I would; still sion.

lish the residue of the debates of that session, not I am not quite clear in the matter. I do not know Mr. BORLAND. I do not differ at all from of the last Congress. That is the point to which that it extended much beyond that amount which the Senator from Virginia, about the character of I wish to direct the attention of Senators.

they desired for the character of their press, and the National Intelligencer as a party paper,

We Mr. BORLAND. If the Senator will let the which was demanded from its subscribers. Still, all know it is a very dignified one; and I believe resolution be read, he will see that it refers to the for the purpose of doing equal justice to the politiit is one of the most candid, and has less of bitter last Congress.

cal press on the other side, I am inclined to believe ness of feeling in it than any paper which we have. Mr. SEWARD. Let it be read. I think the I would favor the payment of something for them. As a public journal I respect it very highly. I do honorable Senator will see that I am right.* But taking the proposition as it stands now, it not charge it with any unfairness. There was The resolution was read.

seems to me it is too broad, and fearing that an no unfairness in its publishing such speeches and Mr. SEWARD. Very well. Now, then, the adverse decision now might influence the action of documents as it thought proper to advance the question divides itself into two parts. First, in re the Senate hereafter, I think it would be better not interests of the Whig party. It was perfectly gard to the last session. I think it cannot be al to act upon it at this time, when the Senate is 80 right in doing so. I do not object to that; nor leged that there has been any political influence thin, but it should go over until the next session, would I have objected to continuing it as one of exercised in the selection of the eclectic debates when it can be presented to the Senate, fully the reporters of the Senate while it was receiving || which were published during that session, and I | matured, discussed, and acted upon by a full Senseven dollars and fifty cents a column. I very see no reason why we should not be willing to ate. I think it more advisable to take that course; cheerfully voted for its having the contract to that pay them for those debates. There have been no and I therefore move to postpone its further coneffect, and would have continued it as long as it political debates here during the last session; noth- sideration until the first Monday in December may be the policy of the Senate to employ special || ing that has had any tendency whatever to operate next. papers to report its proceedings. I would not in a partisan point of view upon the public mind; Mr. BORLAND. The remark which the Senhave restricted that, so far as it is considered pa and if there was, the debates which have been pub- | ator from Maine has made as to the compensation tronage, to the papers of my own party. I would lished have certainly been fair and equal. The to be paid, is very forcible. We know that the be perfectly willing that the National Intelligencer || Intelligencer, if it should go on now and publish | Union and Globe have to pay for their reporting should have it; but when its editors came forward the residue of the debates of the last session, will four dollars and fifty cents a column, leaving but and told us that the contract did not pay, that give them to the public nearly as soon as they will three dollars for the publication of the debates. they could no longer go on under it, and when reach the public through the Union, which I be- || Now, the proposition is to give the Intelligencer they gave it up on the eve of a presidential can lieve is not yet through its report of the last ses as much for the mere publication, as we give them vass, and during that canvass did exercise their | sion, and certainly as soon as the public will be for the reporting and publication. discretion for the benefit of their own party, and reached by the debates in the Congressional Globe, Mr. SHIELDS. Does the Senator object to published such speeches and documents as con and sooner too. Therefore, as the Senate might the postponement of the resolution? duced to the interests of that party, I am un will- | perhaps agree to this resolution, while they would

Mr.SEWARD. We all agree to the postponeing to pay them for such work.

not be willing to go back, for the reasons exIt seems to me that the suggestion of my friends | pressed by the Senator from Arkansas, to author Mr. BORLAND. Very well; though I think from Pennsylvania and Virginia proves a little too ize the publication of the eclectic debates for the it would be better to reject it. much in favor of this proposition. The editors of first session of the last Congress, I suggest by

The motion to postpone was agreed to. the Intelligencer told you that they gave the con way of compromise that we pay them for what

EXECUTIVE SESSION. tract up because it would not pay. They thought they have printed of the last session of Congress,

On the motion of Mr. MASON, the Senate proit was a bad bargain. They could not go on with and authorize them to print the residue at the it, and yet they come forward now and ask us to

ceeded to the consideration of Executive business; enter into it again. If they lost money on the

and after a short time the doors were reopened.

Mr. HAMLIN. I think it would be judicious contract the year before last, why should it not to have no action on this resolution at this session,

PAPERS WITHDRAWN. make them lose money now? No, sir, the object for the reason that the Senate is very thin, and an On motion by Mr. GWIN, it was was this: I understand the contract did not pay adverse action upon it might have an effect on the Ordered, That leave be granted to withdraw the three because the pecuniary compensation was not suf Senate in its subsequent action. We now have a

several drafts now on the files of the Senate drawn in favor ficient to compensate for the political injury that contract with the Union, which is a party paper,

of Thomas W. Lane by G. W. Barbour, Indian agent in it might sustain by publishing all the debates; and and under it, all the debates of the Senate are

California, upon R. McKee, disbursing agent. it was a question between the pecuniary and the printed and published, and consequently spread

REPORT OF COMMITTEE ON FRAUDS. political interests of the paper. The money was mainly before the class of the community who are Mr. HOUSTON moved that ten thousand addinot enough to induce them at a time of high party partisans corresponding with that paper. I will, tional copies of the report of the Committee on excitement to publish what they and the friends with great cheerfulness, vote for any scheme Frauds be printed for the use of Senate. of the paper called at that time a neutral paper. which shall throw our debates before another class The motion was referred to the Committee on They wanted a Whig paper; but the publication of the community. I would have them published | Printing. of Democratic speeches in it made it a neutral in the Intelligencer and send them to another class Mr. BORLAND subsequently reported in favor paper, because they neutralized the effect of the of individuals; but I think this resolution is too of printing the same. editorials and of Whig speeches. I differ from broad. It covers too much ground; and the Sen The PRESIDENT. The report can be conSenators who say that it has published speeches ator who drew it did not mean precisely what the sidered now only by unanimous consent. on both sides. I have read it pretty carefully, and resolution purports, or if he did, I shall be com Mr. BORLAND. I will suggest to the Chair if it published Democratic speeches I did not see pelled to disagree with him in the result to which that the rule under which the Committee on Printthem in its columns. It may as a special favor I arrive. What is the resolution? In the first | ing acts, requires it to report at least the day after have published one or two, but that it made a place, it proposes to authorize the Secretary of the the subject is referred to it, and it has been cuspractice of it, I am very sure is not the case. Senate to procure certain debates to be printed in tomary very often to report such resolutions back

Mr. President, I think our present system of the National Intelligencer. It is not in the nature on the same day.

ment.

same rate.

32D CONG.....30 SESS.

Special Session-Ringgold's Charts.

SENATE.

Mr. SMITH. I am a member of the Commit Mr. HUNTER. The provision was in the navigator with one when he enters the port. Have tee on Printing and was not aware that any action bill as it came from the House.

ing ordered the purchase of the maps, I do not had been had upon the matter by the commmit Mr. BRIGHT. Whoever introduced it the see that there is any more proper way to dispose tee.

intention was as I have stated. However, I have of them, inasmuch as Senators have not the power Mr. BORLAND. I did not consult the Sena no disposition to interfere unnecessarily with this to distribute them. I would vote to reconsider the tor, and I will state the reason why I did not. resolution. I opposed the resolution directing the resolution which we have already adopted, and During this session he has not attended the meet purchase of the charts, at least I voted against it retrace our steps, if the Senate should be so dig. ings of the committee, but has left the business under the impression that if we had a general law posed; otherwise I shall vote for the distribution. before it, so far as he is concerned, entirely to the of that kind it was wrong by a simple resolution Mr. BAYARD. I object to the resolution, beSenator from Maine (Mr. HAMLIN) and myself. to repeal or evade it. I think the passage of that cause I cannot see upon what authority the conI did not mean any discourtesy to the Senator, but i resolution was an evasion of the law.

tingent fund of the Senate of the United States is inasmuch as he did not give any attention to the Mr. BAYARD called for the yeas and nays on to be charged with the disbursement of moneys to business before us I supposed he did not care to the resolution and they were ordered.

be distributed among the collectors of the United take any part in our proceedings.

Mr. MASON. I understand the object of the States. You are setting a precedent now for which Mr. ŚMITH. I have no fault to find with the resolution is to direct the Secretary of the Senate you can find no anterior one. You are setting a course pursued by the committee. The Senator to send five hundred copies of the charts for which precedent which will necessarily lead to applicais, however, entirely mistaken when he says that the Senate has subscribed to the Secretary of the tions of a similar character from other parts of the I have not attended any of the meetings of the Treasury, and five hundred to the Collector at Union. There is no reason why you should adopt committee. I object to considering the report at San Francisco for distribution in California, for such a resolution in favor of the mariners of one this time.

the use of navigators. I was opposed to the res- | portion of the Union and not of the other, and if Mr. BORLAND. I have not had the pleasure olution directing the purchase for the reason as you are to pay for charts of the coast of California of meeting the Senator at any of the meetings of

has been well said that I did not think it was a out of the contingent fund of the Senate, which the committee Curing this session,

legitimate use of the contingent fund of the Senate have not been ordered by Congress, and distribute The PRESIDENT. As the consideration of to purchase books for the use of navigators. them through the medium of the collector of San the report is objected to it goes over under the Mr. GWIN. I cannot imagine why the yeas Francisco, you must expect of course to distribute rule.

and nays have been called for on such a resolution charts of other portions of our coast through other PATENT OFFICE BUILDING.

as this. The charts are very important publica- || collectors. That is what this will lead to, and I The following resolution, submitted by Mr.

tions and the Senate has twice after full discuss would rather let the charts lie here and rot than Houston on the 31st ultimo, was considered and sion ordered the purchase of some of them. The sanction such a precedent. agreed to:

resolution which we have now before us is merely Mr. STUART. I desire to say a few words “Resolved, That the Secretary of the Interior be, and he

a matter of form. It is asked for by the Secre on this subject, in order that there may be no misis bereby, instructed to furnish the Senate with a report of

tary of the Senate in order that he may know how construction of the vote which I gave on the foran examination, on the files of the Department of the Inte to distribute what have been deliberately ordered mer resolution, and the one which I intend to give rior, made of the Patent Office Building in 1851, under the

by the Senate. As to the charge of indirection in on this. I disagreed with many Senators upon direction of the Commissioner of Public Buildings."

evading the law, I insist that the original resolu- || the construction of the provision in the deficiency RINGGOLD'S CHARTS.

tion was nothing of the kind. It did not propose bill to which reference has been made. It was Mr. GWIN. Some days ago the Senate or to purchase a "book." It was merely a chart of introduced into the House of Representatives by dered one thousand copies of Captain Ringgold's

a very important portion of the coast of the Uni. a gentleman from North Carolina for the object, charts to be purchased by the Secretary of the

ted States, and one which was drawn up with and the sole object of preventing the annual disSenate for the use of navigators on the coast of great care and accuracy: The Legislature of Cal- | tribution of books to members of Congress to conCalifornia. The Secretary now desires to know ifornia has instructed its Senators unanimously | stitute a library for themselves. The law is not how he is to distribute them, I therefore submit

to ask for its republication. The resolution or properly susceptible of any other construction. the following resolution:

dering the purchase has been agreed to; and the It does not prohibit, in my judgment, either Resolved, That of Captain Ringgold's charts of the coast

proposition now is to determine how they are to House of Congress from publishing a document of California heretofore ordered to be purchased, five bun

be distributed. I do not know that it is a matter for the purpose of distribution in the country dred copies be sent to the Secretary of the Navy, and five of any great importance, but certainly I am ready through the medium of its members. That was hundred to the collector of San Francisco, for distribution.

to meet any issue which may be presented as to the view I took of it when it was passed, and it is Mr. BUTLER, I suppose that is as good a the responsibility of evading the law for the pur the view I take of it now. I wish, therefore, only mode of distribution as any that can be adopted, pose of purchasing and distributing the charts. to say that in supporting this resolution, I shall but it is the first time that we have ever resorted Mr. PETTIT. When the original resolution do it for the purpose of providing for the distributo it.

was introduced there seemed to be some difficulty |tion of the charis without taxing the members of Mr. HAMLIN. I would suggest to the Sen in the minds of Senators in reference to the power the Senate with the duty, and that it shall appear ator from California that a portion of the charts of the Senate, in consequence of the law which that I had no idea of evading the law in voting for should be deposited here so that mariners can ob has been spoken of, to order the purchase of the the resolution the other day. I did not think the tain them before reaching the coast, otherwise charts. Whatever construction other Senators original resolution infringed the law at all, and they may have difficulty in getting into port. may have put upon the law, I did not think that hence had no difficulty in voting for it, and shall

Mr. GWIN. The resolution provides that five the charts came within the term “ books." But || have no difficulty in voting for the resolution prohundred shall be deposited with the Secretary of there seemed to be a great desire in the Senate-I viding for the distribution of the charts. the Navy for distribution.

could not mistake that that the maps should be Mr. CHASE. The law to which the Senator Mr. HAMLIN. As they are for the benefit of published for the benefit of navigators on the Pa. has referred, is in these words: merchant vessels they should be deposited with cific coast, and therefore, to obviate the difficulty, “Hereafter no books shall be distributed to members of the Secretary of the Treasury,

I suggested to the Senator from California to make Congress, except such as are ordered to be printed as public Mr. GWIN. I am perfectly willing that that the resolution read so upon its face. It was evi

documents by the Congress of which they are members.: shall be done.

dent that the design of the resolution was to benMr. BUTLER. How is the collector at San efit the navigators. If the maps, charts, or what- || been ordered as public documents. The word Francisco to distribute them? He has not the ever you choose to call them, had been purchased "books," as every lawyer knows, comprehends franking privilege.

they would have been distributed, as near as could charts. If a court were called upon to put a legal Mr. GWIN. Navigators will obtain them be by Senators, to those who were going to the interpretation upon this law, charts would most from him when they enter the port.

Pacific coast. I know what the result would have unquestionably be included. The question then Mr. BRIGHT. Why are not the charts to be been. As soon as the resolution was passed boys resolves itself into this: has this work been ordered distributed to Senators?

would have been round our desks asking that to be printed as a public document? It is known Mr. GWIN. For the following reason: It was Senators not living in that direction should trans that it has never been so ordered. As I underobjected to the original resolution in the form in fer their proportion of them to the Senators from stand is, it has been printed at the private expense which it was first introduced, that it conflicted California--a thing which I, located as I am in the of the able and ingenious gentleman who compiled with a provision in the deficiency bill of the last interior, should readily have done. The design it. Heretofore, and before the passage of this law, session of Congress, prohibiting the distribution was to distribute them to navigators on that coast, the Senate ordered the purchase of a certain numof books to members of Congress. It was sug and I thought we might as well say so at once. I ber of copies of the work. They were purchased, gested by the colleague of the Senator, (Mr. Pet- i therefore suggested to the Senator from California | and distributed to Senators in the usual mode, and tit,) that the charts should be purchased for the the modification, and he accepted it.

I think most of them took the direction suggested benefit of navigators on the Pacific coast. That Now we have ordered the purchase. I am per- by the Senator from Indiana, (Mr. Pettit.] It having been done, the Secretary of the Senate fectly willing to vote to rescind the resolution order was the direction very cheerfully given to mine. wants to know how he is to distribute them, and | ing the purchase, if it is not necessary or proper I said, when this question was originally before the resolution is introduced for the purpose of set to purchase the charts; but having made the order, us, that I might have no objection to voting for tling the mode of distribution.

unless we adopt this resolution or some other, the the resolution under the peculiar circumstances of Mr. BRIGHT. I made the inquiry for the charts will lie here and become musty in the office the navigation of the Pacific coast, if the law did purpose of showing the effect which an order of of the Secretary. It seems to me, therefore, that not stand directly in the way. I do not think that ihis kind, which is violative of the law, will pro some such resolution should be adopted. If five we can construe laws by the reported opinions duce. At the instance of the Senator from Vir hundred are deposited with the Secretary of the and views of gentlemen who speak upon them. ginia (Mr. HUNTER) an amendment was incor- Treasury or of the Navy, he will undoubtedly We must look at the recorded language of the porated in the deficiency bill of the last session to give them to the navigators as soon as convenieni; laws themselves; and when we have obtained the ihe effect that there should be no further distribu- and if the other five hundred are transmitted to construction from the language, we are bound by tion of books amongst members of Congress. the collector at San Francisco, he will furnish each it. Inasmuch as the law, in my judgment, in

1 - || No books shall be distributed unless they have

32D CONG.....30 Sess.

Special Session-Ringgold's Charts.

SENATE.

case?

cluded such a work, it seemed to me to be a viola books shall be distributed to members of Con next session, or whether we shall put them in the tion of it to pass the resolution ordering the pur gress, and therefore, whether we call these charts | hands of the Secretary of the Treasury for districhase. It is true that the effect of the law was books" or not, the law does not apply to them. bution among the navigators on the coast? That sought to be avoided by omitting the language I think, however, that the Senator from Califor- | is the sole object of the resolution. contained in the law, “ for distribution to members nia had better modify his resolution so as to di Mr. BAYARD. Precisely; and if I put the of Congress;" but that, it seems to me, rather rect that all the copies shall be turned over to the value of the charts against what I was going to made the matter worse than better, because it re Secretary of the Treasury to be by him distrib say is an atrocity in principle, I might vote for duced the resolution to the character of an attempt | uted. He, as a matter of course, is better informed the resolution. You can find no precedent for orto evade the law instead of founding it upon an of the wants of navigators than the collector. dering books to be paid out of the contingent fand honest difference of opinion in regard to its con Mr. GWIN. I will modify my resolution ac of the Senate for distribution in this mode. Show struction, such as exists between myself and the cordingly.

me the precedent, if any such exists. It seems to Senator from Michigan, (Mr. Stuart.) For these

The PRESIDENT. There is an amendment me the abuse is palpable. Answer me if you can, reasons I was opposed to the original resolution, ! pending offered by the Senator from Florida. in consistence with the vote which you gave on and I feel bound to vote against all resolutions in Mr. MALLORY. [ withdraw it.

the report of the Committee on Contingent Extended to carry it into effect.

Mr. BAYARD. I supposed that if you are to penses, in reference to Mr. Andrew's report. Mr. BORLAND. It seems to me that the Sen- I make any order upon the subject, the Secretary || Why did you refuse to pay the expenses in that ator makes an objection to the present proposition of the Treasury will probably be the officer most Because it was not prudent for you to that is not altogether applicable. He opposed the likely to distribute them according to your inten make such expenditures out of your contingent original resolution, he says, because he thought it tion; but my objection lies deeper than that. fund. If it was not proper in that case, on what was an evasion of the law which forbids the dis- || You are setting a precedent to the effect that out principle do you make it proper here? If you tribution of such things—books, charts, or what of the contingent fund of the Senate of the United have purchased the books improperly, let them ever they may be to members of Congress. Now, States, you will order books to be paid for, for lie until the next meeting of Congress without after that resolution has been adopted, and the distribution by the Executive officers of the Gov. || being distributed. arrangements have been made for the purchase of ernment. Where is your authority for that. Mr. RUSK. The argument of the honorable the charts, a proposition is made to distribute Mr. SHIELDS. I agree with the Senator that Senator from Delaware would have been good them-how? Not to members of Congress, but this is not a contingency that ought to be paid against the passage of the resolution in the first to put them at the disposal of certain officers of the out of our contingent fund, but I understand that instance; but I do not think by refusing to distribGovernment; and the Senator opposes that. What the maps are already engraved, the contract is ute the charts in their proper channels, that we will he do with them? This proposition shows made for them; and all that is necessary is to know should advance a single step, the principle for now, if it was not shown before, i hat there was how to distribute them.

which he seems to contend. 'I am not certain of no intention to distribute them to members of Mr. BAYARD. I understand that, but I con- | the propriety of passing the original resolution, Congress--that there was no intention to violate sider the principle more important than the mere but when he says it is an atrocious principle, and the law because that law forbids simply a distri- question whether the books are to be paid for by one for which there is no precedent, I will merely bution to members of Congress to prevent them a few thousand dollars or not. I will never say that if he had taken the trouble to look he voting themselves libraries. It was not intended sanction an order of this kind for the distribution would have found that there is nothing but preceto prohibit the purchase of such works for public of books purchased under such circumstances, by dents for it. The House of Representatives has purposes. The proposition is now to put the money taken out of the contingent fund of the paid out of its contingent fund large amounts for charts at the disposal of the proper Department of Senate, when Congress has not made an appro books to be distributed among its members, and the Government for the use of navigators, the pur- priation for the object. What did you decide the Senate has done the same thing. pose for which they were ordered to be purchased. yesterday in reference to the valuable report of Mr. BAYARD. For distribution to members,

The law which ihe Senator from Ohio has read Mr. Andrews? You decided almost unanimously but not to executive officers. You are extending if he will look to it again he will see, says nothing that you had no authority to pay for it out of your the principle. about purchase for public purposes. It simply contingent fund. Whence, then, comes your au Mr. BORLAND. Nothing is more common prohibits a distribution to members of Congress. thority to purchase books for distribution, not by in making an order by either House to purchase The resolution so far from going in contravention Senators, but by the Secretary of the Treasury, | books out of its contingent fund, than to give a of the law carries out its very spirit. The reso or any other Executive officer? It is an evasion || portion of them to an executive department for lution which we adopted the other day was to of the law. You must judge of the intent of all distribution. purchase these charts for the interests of naviga-laws by the language used by the legislators who Mr. RUSK. Precisely. To remedy the evil, tion, and the object now is to indicate to the Secre- i passed them; and if you take the language of this and to avoid the precedents set by both Houses, tary of the Senate what disposition he shall make | law, whatever may have been the private inten- of paying out of the contingent fund for books to of them in executing that resolution and thus we tions of the members, there can be no question be distributed among their members, we passed a relieve him from embarrassment. As they are that it prevents the distribution of all books among law. What is it? That neither House of Conin his hands he must adopt some mode of dispos- members of Congress, except such as are printed gress shall distribute amongst its members any ing of them. This simply points out to him what as public documents. In consequence of that, books except documents printed by order of both the Senate considers the proper mode of distribu you did not pass the resolution in the shape in Houses. This is not a book of that description. tion, viz: to put them at the disposition of off which it was originally introduced providing for | It is not proposed to be distributed amongst memcers of the Government and not of members of the purchase of the books out of the contingentbers of Congress, and therefore it is no violation Congress. It does not come near the law and in fund of the Senate for the use of Senators. You of the law. The honorable Senator from Michino respect does it violate its spirit and intention. | seek now not only to evade the intent of the law gan was perfectly correct in what he said. The

Mr. MALLORY. The order for the purchase which is to prevent such an abuse of the contin- || evil intended to be remedied by the law was the of the charts has already been made. That I con gent fund of the Senate, but to introduce the pre- distribution of books among members of Congress. clude is a matter settled, and the only question cedent that the contingent fund of the Senate is to This is, therefore, not a violation of the law. At now is as to their distribution. I suppose the be used for the purpose of purchasing books, I the same time, however, I have no doubt that it Senate will desire them to take that direction care not what they are or what they are not, to would have been altogether better if we had not which will confer the greatest amount of benefit be distributed by executive officers. Is that a undertaken to act separately, and paid for the puron the interests of navigation. California I sup- i proper mode of proceeding? Ought not legisla- chase out of our contingent fund. But that is gone pose herself has no vessel interested, but there is tion to be requisite for such a purpose? If so the by. We have made the order, and the question scarcely a part of the country having any shipping proper course is this: If you have unadvisedly is shall we turn round, and make the error three .that has not sent one vessel or more to the ports chosen to pass a resolution for the purchase of or four times worse by piling the document up of California. If the Senator from California had books, the question whether they are to lie for a here to the inconvenience of the Secretary of the not already made his proposition, I would suggest few months among our other documents is of very Senate, and the damage of the navigating interest. to him that none of these charts should be sent to little importance compared with the establishment Mr. BAYARD. I presume the reason why California for distribution; that they ought to be of such a precedent as this. Let them remain there is no express restriction in the law as to the distributed on the Atlantic sea-board for navigators under your former order if they have been pur- | mode of distribution is, that it never entered into going to California, because it is to enable them chased, or the engravings have been ordered, or the imagination of Congress that such an attempt to reach the port of California that the charts are any contracts made, and do what is right in prin- would be made. It had been the custom to purwanted. I will suggest to the Senator from Cal- ciple. At the next session of Congress seek to chase books by means of the contingent fund of ifornia not to give the five hundred to the Secre pass a law authorizing action of this kind, and either House of Congress and distribute them tary of the Treasury because it is unheard of for see whether on discussion the Congress of the through the medium of its members. The law the Secretary of the Treasury to distribute charts. United States will agree to depute to collectors chose to restrict that in express terms. It did not The charts which are printed under an act of and officers of that class the distribution of books go further, and restrict the abuse which was never Congress are distributed by the chief of the Coast | purchased by means of the contingent fund of contemplated, of purchasing books by means of the Survey office. He sends them to the Chambers either House.

contingent fund, for distribution by the Executive of Commerce and other commercial institutions Mr. BORLAND. I will call the attention of authorities. Not supposing that such an authorof the country which can best distribute them so the Senator from Delaware to this fact: the reso ity would be assumed, it imposed no such restricas to confer the greatest amount of benefit upon lution ordering the purchase of the charts expressly tion; therefore, my answer to the honorable Senthe commercial interests. If it is in order I will provides that they shall be for the use of naviga. ator is, since you have passed such a resolution move to strike out “Secretary of the Treasury" || iors on the Pacific coast. We have ordered their ordering the purchase of these documents, I am and insert " Chief of the Coast Survey."

purchase. I presume the contract for them has || for letting them lie here in the hands of the SecreMr. RUSK. I see no difficulty in the way of already been made. They are perhaps ready to tary of the Senate until he has the warrant of this distribution being ordered. The law referred be delivered, and the only question is, whether we law for their distribution. I will not sanction one to by the Senator from Ohio is that hereafter no shall let them lie here in some lumber room to the || wrong resolution by voting for another.

320 Cong.....30 Sess.

Special Session-Open Executive Sessions.

SENATE.

80

The PRESIDENT. The resolution has been rule of secrecy in respect to several classes of sub- upon a treaty, it would be supposed that there was modified to read as follows:

jects the general rule of publicity, with such ex- something especially delicate in our foreign relaOrdered, That the copies of Captain Ringgold's charts of || ceptions as particular exigencies shall from time tions. From this, considerations might be derived the coast of California heretofore ordered to be purchased to time require.

affecting the supposed probability of peace or war, be delivered to the Secretary of the Treasury for distribu- As the rules now stand all treaties are consid- and also the credit, and it may be the stocks, of tion to the Navy and commercial marine navigating that coast.

ered in secret session, and so are all nominations, the country, and in order to prevent suspicion, The yeas and nays were taken on the adoption | Should the rules be altered as proposed by the consider in public what ought to be considered in

and all communications marked confidential.- we should be forced to go into open session, and of the order, and it was agreed to-yeas 21, nays resolution I have had the honor to submit, the private. 17; as follows:

injunction of secrecy will be confined to such I do not believe that any sensible amount of YEAS–Messrs. Borland, Brodhead, Dodge of Wisconsin, Dodge of Iowa, Everett, Fitzpatrick, Foot, Gwin,

treaties as may be specially communicated in mischief has arisen from the fact that our deliberHouston, Jones of lowa, Mallory, Pettit, Rusk, Sebastian,

confidence by the Executive and to such nomina- ations upon nominations and treaties have been Seward, Shields, Soulé, Stuart, Walker, Weller, and tions as the Senate in the exercise of a sound dis- secret. I believe we have deliberated with quite Wright -21.

cretion may deem it necessary, from considerations as much regard for public interest under the seal

, , Butler, Chase, Clayton, Douglas, Evans, Hunter, Mason; || affecting private character or the public service, to of secrecy, when we were really advising and conNorris, Pearce, Smith, Sumner, Thompson of Kentucky, discuss in privacy.

sulting the President in regard to its matters, as and Toucey-17.

* There is a large class of treaties legislative in we should have done if we had thrown open the EXECUTIVE BUSINESS.

their character, and including very important pub-doors and subjected our debates and our votes to A message was received from the President of lic considerations, which ought to be publicly popular scrutiny. I believe it is far safer to adhere the United States, by SIDNEY WEBSTER, Esq., his debated. There is no reason why they should io the rule than to make the change which is now Secretary, and on motion of Mr. GWIN, the be considered in secret session. On the contrary, proposed. Senate proceeded to the consideration of Execu- in respect to treaties of this character it is quite Mr. BORLAND. I am sorry to differ from tive business. After some time the doors were desirable that the public should be informed, and my friend from Virginia in supposing that any reopened.

fully informed as to their provisions and as to the detriment can come to the public interest of this VOTING BY MACHINERY.

debates and votes here upon them. So also many, country by subjecting anything and everything to Mr. HOUSTON submitted the following reso

and indeed almost all, nominations are confirmed public scrutiny. I cannot conceive the case of a lution:

or rejected upon principles of public or party ireaty or anything else in which injury could come Resolved, That the Secretary of the Senate be, and he

policy, without reference to private character. I to the public interest by opening them to full inhereby is, authorized and directed to contract with Henry

see no reason why debates and votes upon these spection. Johoson, the inventor, for the construction in the Senate should not be public. Whenever any questions Mr. HUNTER. Does the Senator think it Chamber of his new mode of taking the yeas and nays: involving moral character are raised, it will be in would be better to expose the deliberations of the Provided, The entire cost of construction shall not exceed the sum of $1,500 to be paid out of the contingent fund of

the power of any committee or any member to President and Cabinei council to public scrutiny? the Senate. move that the doors be closed.

Mr. BORLAND. I should have no objection COMMERCIAL REGULATIONS.

There can then be no objection to the adoption to it so far as they could be made public. I do Mr. HAMLIN. I submit the following reso

of the resolution upon either of the grounds gen- not believe, as an American citizen and an Amerlution:

erally relied on by the advocates of secret sessions. ican Senator, that any public officer of the Gov

Those grounds are, first, that secrecy is frequently érnment has the right to utter sentiments affecting Resolved, That there be printed for the use of the Senate five thousand additional copies of the report of the Secre

necessary to the success of important negotiations | the public interest, which are not properly before tary of State relating to the commercial regulations with

with foreign countries, and that this secrecy would the public for the inspection of every man in it. foreign nations.

be impossible if the treaties should be debated That is the ground on which I stand; and I stand I ask the consideration of that resolution at this and voted upon in public. There may be some upon it, because I believe the popular intelligence time. I will state very briefly what it is. force in this, but the objection does not touch the is sufficient to discuss wisely and properly every

A SENATOR. Has'it been reported from the proposed amendment. The President has charge question that may come before the country. As Committee on Printing?

of foreign negotiations and is the best judge of the to a man's private affairs, he may do as he pleases. Mr. HAMLIN. It has the approbation of that occasions on which secrecy is required, and what. The public have nothing to do with them, so far committee. I had an interview with a late Secre- ever he thinks proper to communicate in confi- as they relate to him and his family; but so far as tary of State (Mr. Webster) on this subject at the

dence will still be treated as confidential, if the relates to the public interests of society, and the last long session of Congress, the resuli of which rule which I propose should be adopted.

public interests of this country, whether on our was that during that session, on the 19th of July, The second ground of objection is that private own soil, or as they will stand in relation to for1 submitted a resolution calling upon the State character should not be made the subject of pub- eign countries, I believe no man has a right to exDepartment to furnish the Senate with such in lic debate. I will not say that this objection would

press a sentiment, or do any act which every man formation as it could, relating to the subjects not deserve consideration if the proposed rule im- in this country, who has the rights and responnamed in the resolution. The report has been peratively required the public consideration of all sibilities of a citizen, who is to bear the burden submitted to the Senate. It will form a little vol- nominations without exception. But it does not. of the Government, and whose interest is to be ume of about one hundred pages. It is a very

It expressly excepts from its operation those spe- affected by its action, has not a right to know. valuable work, showing, as it does, the regula-cial cases in which the Senate by resolution may That is my view of the relations between the pubtions of foreign commerce of almost every foreign enjoin secrecy. Such orders will be made when lic officers of this Government, whether legislanation. As the expense of printing it will be very the nature of particular cases make such orders: tive, executive, or judicial, and the people. I canlittle, and as the resolution meets the approbation necessary or proper. In all other cases where the not conceive that this Government can properly of the Committee on Printing to which I have action of the Senate is determined by general or be administered upon any other ground, unless submitted it, I trust the Senate will adopt it. purely political considerations, the people have a we deny to the people the requisite amount of in

The resolution was considered by unanimous right to know the character of our discussions and telligence, patriotism, and honesty to give a fair consent, and agreed to.

the reasons of our votes. Our institutions are consideration to all questions, and dispose of them OPEN EXECUTIVE SESSIONS.

based upon the principle of publicity and respon- 1 as the interests of the country require.

sibility-secret sessions are exceptions to these These are the general considerations on which Mr. CHASE. I move that the Senate proceed general principles; these exceptions should be I stand in relation to this matter. Gentlemen seem to the consideration of the resolution which I sub-confined within the narrowest practicable limits, to think that there is something sacred in a man's mitted yesterday in regard to Executive sessions. and reduced to the smallest possible number. private character, I admit that there is, yet when

The motion was agreed to. The resolution is Mr. HUNTER. It seems to me that this pro- ! he comes forward as an applicant or candidate for as follows:

poses a very important change in our rules, and public favor, there is nothing that the public has Resolved, That the sessions and all proceedings of the one which I fear would be very mischievous. As not a right, and ought not to be permitted to know. Senate shall be public and open,

except when matters com: it now stands, the general rule is that when Exec- Sir, is there anything more sacred in the character municated in confidence by the President, shall be received and considered, and in such other cases as the Senate by

utive communications are made in reference to of an individual who comes before the Senate, nomresolution froin time to time shall specially order; and so treaties and nominations, our deliberations are to inated by the President for an office under this much of the 38th, 39th, and 40th rules as may be inconsist- be in secret, unless we choose to order otherwise.' Government, than there is in the character of an ent with this resolution is hereby rescinded.),

If we do make the deliberations public, that is the individual who goes before a State Legislature for Mr. CHASE. I suppose every Senator under- exception. This proposes to reverse the rule, and a seat on this floor, or before the people for a seat stands the object of this resolution. With the require that all discussions shall be public unless in the other House of Congress, or for a place in permission of the Senate I will so far modify its the President or we, on account of special consid-' a State Legislature, or for a governor, judge, or ierms as to make it take effect after the present erations, choose to make them secret. The result'' anything to which the people are electable? I session of Congress and submit it to a vote with will be that we shall have no more secret sessions conceive not; and whoever supposes at home or a very few remarks.

in relation to these matters. It involves a total anywhere but here, when a man becomes a canIt changes the existing rule to this extent: The change of the rule. It will lead to that result, be didate for office that his character is so sacred that present rule requires the consideration with closed cause if, upon the question of a nomination, the we cannot talk about it in public? What do our doors of treaties and nominations, and all confi- Senate chooses to say that its consideration shall newspaper presses do with every man's character dential communications of the President. The be secret, immediately it will be proclaimed to the who places himself before the public as a candiproposed amendment requires that all sessions world that the man has been accused, and he will date for office? They examine him in every parand all proceedings of the Senate shall be open desire to know of what he has been accused, and ticular. They hold him up to the gaze of the and public, except in such special cases as 'the how he can defend himself.

public. If he has faults, they make them known;' President or Senate from time to time shall decide So, too, in relation to treaties. If, contrary to and they ought to be made known. Why then to be proper for secret consideration. The pro- the general rule, which this proposes, to consider should the character of a man who wants to be a posed change would substitute for the general l them in public, we should go into secret session i foreign minister, an auditor, a treasurer, a secre

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